PRELIMINARY FINDINGS OF FACT AND DECISION Renewal of Surface Coal Mining Permit Permit Numbers 01-83-796, 01-83-796-01, S-0601-A The Alaska Department of Natural Resources, Division of Mining, Land and Water (DMLW) has reviewed the Poker Flats Mine Renewal Application, submitted by Usibelli Coal Mine, Inc., P.O. Box 1000, Healy, AK 99743. The DMLW found the renewal application to be consistent with AS 27.21 and 11AAC 90 and make the following preliminary Findings of Fact and Decision. 1. An application to renew mine permits 01-83-796, 01-83-796-01, and S-0601-A was filed with DMLW on May 4, 2011. Renewal of the permits has been requested in accordance with AS 27.21.080(d) and 11 AAC 90. 129(b). 2. The Poker Flats Mine Permit consists of a 2,565 acre mine site, and is located approximately five miles northeast of Healy, Alaska. The proposed mining activities are within: Sections 39, 17, 20, and 21, Township 12 South, Range 7 West in the Fairbanks Meridian. 3. The renewal application contains all the information required by 11 AAC 90 and is sufficient for this office to make a decision. 4. This renewal request is for an additional five-year term and includes the permit areas previously approved in the existing permits. No revisions have been requested during this permit renewal. The originally approved permits meet the requirement of AS 27.21 and 11 AAC 90 subject to the stipulations of the original permits, which are revised to ensure that the surface coal mining and reclamation operations will comply with these requirements. 5. Public notice of this renewal application will start June 7, 2012 and end July 30, 2012. Legal ads will be placed in the Fairbanks Daily News Miner on June 7, 2012 and will be noticed for four consecutive weeks. Also, on June 7, 2012, the notice will be mailed directly to the Division’s mailing list of affected persons and agencies. 6. This renewal does not change the scope or the environmental impacts of the project. The activities proposed in the renewal do not differ from the originally approved permits and meet the requirements of AS 27.21 and 11 AAC 90 subject to the stipulations of the original permits, which ensure that the surface coal mining reclamation and operation plan comply with these requirements. 7. At this time, there is a bond of $2,503,305.00 for the Poker Flats Mine. DNR is currently in the process of reviewing a phase I bond release for the portions of mining area. Upon approval of the phase I release, DNR will release $ 1, 173, 918.00 back to Usibelli Coal Mine, Inc. Pursuant to 11 AAC 90. 205(d) DNR has determined that the reclamation bond in the amount of $1, 329,387.00 will be sufficient to cover the remaining reclamation costs.
Poker Flats Renewal Preliminary Decision Permit No. 01-83-796, 01-83-796-01, S-0601-A June 7, 2012
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8. Any changes to the approved activities will require approval and modification of the proposed reclamation bond. 9. The approved permit area is not within an area designed unsuitable for mining under AS 27.21.260. 10. The proposed surface coal mining reclamation and operation plan will not affect any known threatened or endangered species or their critical habitat. 11. Copies of existing Permit, Renewal Request, and Preliminary Findings of Fact and Decision are available for review at the Alaska Department of Natural Resources, Division of Mining, Land and Water, 550 West 7th Avenue, Suite 920, Anchorage, AK 99501-3577, and at the Department’s Fairbanks office at 3700 Airport Way, Fairbanks, Alaska 99709. A person who is or may be adversely affected by the issuance of this permit may file written comments or objections and may include with an objection a request for an informal conference (AS 27.21.140). Comments should be sent to Russell Kirkham, at the Anchorage address listed above, by fax to (907) 269-8930, or by email to coalprogram@alaska.gov with the subject “Poker Flats Mine Renewal”. The deadline for comments is 5:00 p.m. on July 30, 2012.
Poker Flats Renewal Preliminary Decision Permit No. 01-83-796, 01-83-796-01, S-0601-A June 7, 2012
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